LOUISIANA — A court order temporarily blocked the administration of Gov. Jeff Landry and Treasurer John Fleming from reallocating state education funds for teacher stipends. The order was issued Tuesday, halting legislative voting on the plan until a hearing in the case scheduled for Monday.
Gov. Landry's plan would move $168 million from K-12 school operations to provide pay stipends for public school teachers and certain support workers for the upcoming school year. State lawmakers faced a 5 p.m. Tuesday deadline to vote on the governor's proposal. Louisiana State Representative Tehmi Chassion stated, "As of right now, a judge has issued a TRO (temporary restraining order), which stops ALL aspects of this process." Chassion added, "So, I won't be casting a vote today as it appears to be in direct violation of the order."
Despite the court order, Gov. Landry and Attorney General Liz Murrill said the judge's order did not affect the legislature's ability to vote on the matter. They indicated that lawmakers were not part of the lawsuit. Other lawmakers proceeded to cast virtual votes on Landry's proposal. House Clerk Michelle Fontenot said in an email that results would be posted Wednesday.
Rep. Candace Newell sent letters to House Speaker Phillip DeVillier and Senate President Cameron Henry. These letters requested a postponement of the voting deadline. "We have a lot of attorneys, so we have that fight between what is the legislative request and what is our duty as officers of the court," Newell said.
The plaintiffs in the case are former Central school Superintendent Michael Faulk, Orleans Parish School Board member Katherine Baudouin, and former state school board member Belinda Davis. Faulk wrote a separate letter to lawmakers on Tuesday, urging them not to vote on the governor's proposal. The plaintiffs argue that Landry is attempting to overstep the constitutional authority of the Louisiana State Legislature by reallocating state-approved funds.
The Board of Elementary and Secondary Education sets the formula for allocating state money to K-12 public schools. The Louisiana Legislature has the authority to approve or reject these calculations, but not to change them. To alter the Minimum Foundation Program, the governor needs two-thirds approval from both legislative chambers. The state budget for next fiscal year takes effect on July 1.
Landry seeks to use the $168 million to provide a $2,000 stipend for teachers and a $1,000 stipend for support workers. The Louisiana Legislature has included this $168 million in the state budget for the past three years. Previous proposals to make teacher pay increases permanent have not passed in the Louisiana Legislature. Voters also rejected two constitutional amendments proposed by Gov. Landry that would have allowed his administration to make financial moves to provide permanent raises for school employees.
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